Law: Penal Code (XLV of 1860)

Section: 302,304

Law: Criminal Procedure Code (V of 1898)

Section: 439

  Penal Code (XLV of 1860), Ss. 302 & 304-Injuries, simple and minor in nature, on persons of accused-Cannot, in absence of positive evidence, lead to inference of free fight between parties.   Criminal Procedure Code (V of 1898), S. 439-Sentence Enhancement - Powers of High Court, except in case under subsection (3), not restricted--High Court has power to enhance sentence beyond limits of powers of trial Court.   Emperor v. Ram Nath and others A I R 1935 All. 989; Raja Ram v. Emperor A I R 1935 Oudh 239 and Sarjug Rai and others v. The State of Bihar 1958 S C A 435 ref.      JUDGMENT   SIDDIKY, J.-There are 15 appellants before us in this appeal. Appellant No. 1 (Imam Ali alias Eman Sardar) was charged under section 148 of the Pakistan Penal Code and sentenced thereunder to suffer rigorous imprisonment for one year. He was also charged under section 304, Part' I, of the said Code for having killed one Gazibur alias Ghazi Molla and sentenced thereunder to rigorous imprisonment for seven years. He was further charged under section 324 of the Penal Code for having caused hurt to P. W. 5 (Khajiran Bibi) and sentenced to R. I. for two years. All these sentences were ordered to run concurrently. Appellants Nos. 2 to 6 were found guilty under section 148 of the Code and sentenced thereunder to rigorous imprisonment for one year each. They were further found guilty under section 304, Part I, read with section 34 of the Code for having killed one Akbar Ali and sentenced to rigorous imprisonment for seven years each. The two sentences were ordered to run concurrently. Appellant No. 7 (Bajuddin Sarkar alias Bahajuddin Sarkar) was convicted under section 147 of the Penal Code and sentenced thereunder to pay a fine of Rs. 200, in default, rigorous imprisonment for six months. He was further found guilty under section 304(1)/109, on two counts, for having abetted the killing of Gazibur and Akbar Ali, and was sentenced thereunder to rigorous imprisonment for five years under each count for each of the two offences he had been charged with. The sentence of six months' R. I. in default of payment of fine under section 147 of the…